30
If a widow marries again she must either marry another man from her deceased husband's family or she must get the consent of her deceased husband's elder brothers to bring an outsider into the family. Otherwise she cannot touch the property left by her deceased husband.
To conclude this attempt to state the Chinese customary law obtaining in Hong Kong's New Territories it would appear appropriate to refer to a passage in the address of the Chief Justice of Hong Kong, Sir Michael Hogan, which he delivered on the occasion of the opening of the new courthouse at Fanling on 2nd September last year [1961 - Editor] :-
"I understand... that some anxiety has arisen as to whether Chinese customs and customary rights will be affected, and whether judges sitting in the District Court will be as familiar as were the District Officers with those customs and customary rights
The answer to that anxiety may be found in the power, conferred by section 15 of the District Court Ordinance, on the judges of requesting the District Officers or anybody also to sit as assessors in any case in which that course would be desirable. Section 17 of the New Territories Ordinance which provides for the application of Chinese custom and customary rights in appropriate cases remains untouched and will continue to apply as before. Indeed, it may well be that our system of law reporting, whereby decisions are recorded, published and made available for perusal by all who are interested can contribute to the ascertainment and preservation of those customs and customary rights, about which it is frequently so difficult to obtain reliable information and evidence."
NOTE
New Territories (Amendment) Ordinance, 1961 (No 13 of 1961) and New Territories (Amendment) (No 2) Ordinance, 1961 (No 15 of 1961)
1
s 16 (as amended) New Territories Ordinance (Cap. 97) Prior to these amending Ordinances, the Supreme Court had original jurisdiction in respect of land having a capital value exceeding $10,000 or an annual value exceeding $1,000 (vide s 2(1)(d), now repealed, and former s 16, now replaced, and the decision of REECE J in AU SUN YUE and CHUNG YAU 1958, HKLR 235)
30
If a widow marries again she must either marry another man from her deceased husband's family or she must get the consent of her deceased husband's elder brothers to bring an outsider into the family. Otherwise she cannot touch the property left by her deceased husband.
To conclude this attempt to state the Chinese customary law obtaining in Hong Kong's New Territories it would appear appropriate to refer to a passage in the address of the Chief Justice of Hong Kong, Sir Michael Hogan, which he delivered on the occasion of the opening of the new courthouse at Fanling on 2nd September last year [1961- Editor] :-
"I understand.. that some anxiety has arisen as to whether Chinese customs and customary rights will be affected, and whether judges sitting in the District Court will be as familiar as were the District Officers with those customs and customary rights
The answer to that anxiety may be found in the power, conferred by section 15 of the District Court Ordinance, on the judges of requesting the District Officers or anybody also to sit as assessors in any case in which that course would be destrable. Section 17 of the New Territories Ordinance which provides for the application of Chinese custom and customary rights in appropriate cases remains untouched and will continue to apply as before. Indeed, it may well be that our system of law reporting, whereby decisions are recorded, published and made available for perusal by all who are interested can contribute to the ascertainment and preservation of those customs and customary rights, about which it is frequently so difficult to obtain reliable information and evidence."
NOTE
New Territories (Amendment) Ordinance, 1961 (No 13 of 1961) and New Territories (Amendment) (No 2) Ordinance, 1961 (No 15 of 1961)
1
s 16 (as amended) New Teutones Ordinance (Cap. 97) Prior to these amending Ordinances, the Supreme Court had original jurisdiction in respect of land having a capital value exceeding $10,000 or an annual value exceeding $1,000 (vides [2(1)(d), now repealed. and former s 16, now replaced, and the decision of REECE J in AU SUN YUE and CHUNG YAU 1958. HKLR 235)
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